FAR and DFARS › DFARS Part 216: Types of Contracts › Subpart 216.3
DFARS 216.301-3 Limitations.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This DFARS section limits the use of certain cost-reimbursement contract types for work tied to a military construction project or a military family housing project. Contracting officers may not use cost-plus-fixed-fee, cost-plus-award-fee, or cost-plus-incentive-fee contracts for those projects, even during a declared war or a presidential national emergency involving the Armed Forces.
Applies to: Contracts connected with a military construction project or a military family housing project
What it requires
- Do not use cost-plus-fixed-fee, cost-plus-award-fee, or cost-plus-incentive-fee contract types for these projects
Key terms: cost-plus-fixed-fee · cost-plus-award-fee · cost-plus-incentive-fee · military construction project · military family housing project
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
For contracts in connection with a military construction project or a military family housing project, contracting officers shall not use cost-plus-fixed-fee, cost-plus-award-fee, or cost-plus-incentive-fee contract types (10 U.S.C. 3323). This applies notwithstanding a declaration of war or the declaration by the President of a national emergency under section 201 of the National Emergencies Act (50 U.S.C. 1621) that includes the use of the Armed Forces.
← 216.203-4-70 Additional provisions and clauses. · 216.306 Cost-plus-fixed-fee contracts. →
Rule changes for DFARS Part 216
- Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002) ↗ · final rule 2025-08-25 · effective 2025-10-01
- Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002) ↗ · proposed 2025-01-17 · comments due 2025-03-18
- Defense Federal Acquisition Regulation Supplement: Task Order and Delivery Order Contracting for Architectural and Engineering Services (DFARS Case 2023-D007) ↗ · final rule 2024-12-18 · effective 2024-12-18
- Defense Federal Acquisition Regulation Supplement: Task Order and Delivery Order Contracting for Architectural and Engineering Services (DFARS Case 2023-D007) ↗ · proposed 2024-07-29 · comments due 2024-09-27
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.